Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-05-13


: Sec. 10. The several judges of the Court OF
2 Appeals shall possess the same qualifications
and receive the same salary as justices of the
supreme court. The judges shall select from
their own number @ presidirg Judge Who shall
perform such duties and hold for such term as
the court may prescribe. y majority of the
court shall constitute quorum. and The con
cUTrence of two Of the judges shall be ueces-
sary to decision. The court shall sit at the
same time and places as are prescribed for the
supreme court. The court and the Judges
thereof shall have power to issue the wit of
habeas corpus and all Writs known to the law
which may be necessary to the exercise of its
jurisdiction or to enforce the same They shall
also have power by mandamus or otherwise to
compel the District and inferior courts 10 urO-
coed with the trial OF cases nding in said
con IS of which the Court of Appeals would have
( COgHiZance on appeal. The court shall also
have power 70 ascertain such facts as may be
necessary IN the exercise of its Jurisdiction
Sec. Il. The Court or Appeals shall h9ve ap-
pelate jurisdiction Of Criminal eases, with such
exceptions and under such regulations as may
be prescribed By law.
Sec is The Court of Appeals shall appoint a
clerk for each place at whicl It may sit, VINO
shall hold his office for four gears, subject to
removal by the court, and who shall give such
bond IS is or may be prescribed by law.
DISTRICT COURT.
Sec. 10 The state shall be divided into q con
Yenient number of judicial diSJTiC 5, consisting
OF one or more counties. Regular terms o. the
court shalt be held by The district judges at the
cO1rty seat OF es0l county in the district at
least twice in each year, in such manner as may
be prescribed by general or local law.
sec: ~ There snail be q 6istriCg judge for
each judicial district. who shall be elected by
tRe qualhed voters Of the district &c general
election. He shall hold sis Office Tor the term
OF four years fTon the ddte of his election. The
district Judges who may be IN Office when this
amendment taxes effect shall hold their
offices until the expiration of thsir several
terms under the present COnst tuition and laws.
/ sec Il Each district judge shalt be g quail
fed voter and resident of the district, shall
nave arrived at l. c age OF TWEEN eight years.
snd shall have been q prGcticjng lawyer in this
state az least six years, and shall reside IN his
/ district during his term OF Office
Sec. p. The judges OF the district courts shall
. receive an annual salary of $500 which shall
be paid as prescribed by law.
T sec. IS. The district courts shall be courts
/ of general IrlsdictiO1. They shall have origf-
nal jurisdiction, both civil and criminal. OF an
cases and special proceedings OF which ex
elusive jurisdiction Is not conferred on some
other court, and in civil cases such Jurisdiction
snail be eXerCis ed without regard 10 ANY dis
tinctton between law and equity. Contested
elections and other spe Isl cases, where the
right 70 resort 10 the courts arises only ont OF
legislative action, may be referred by the
Legislature to the District court, or other
tribunal, with or without the right of app q 20
lha supreme court, as NAV be prescribed by
sec. n. The District court shall have appeT-
late jurisdiction and such control over the in
tlrtOr courts and tribunals in he county as NAV
be prescribed by law.
Sec. >. The District courts, and the Judges
thereof, shall have power 10 issue the wrttOf
nabeas corpus, and 10 render Judgment there
in, either IN vacation or term time They shall
also have power to issue writs of mandamus
Injunction, certiOrart, and all Wrirs known 20
the law which mSy be necessary to the eEer-
else CT their jurisdiction, or 10 enforce the
same.
Sec. %. Any District indge shall have power
to hold q special term of the District court II
any county of MS district, under such clrcum-
stances and IN such manner as may be directed
by general or special law.
Sec. p. There shall be a clerk of the District
court or each county, who snail be eecJed by
the qualified voters OF the county, and who
shall hold his Office fortwO ears whose Cuties
ana compensation shall be prescribed by law.
Sec. Is. There shsli be elected by the qualified
voters of each county q sheriff, who shall hold
lis Office for two Yeas, whose duties, perqui-
sites and fees OF Office shall b ? prescribed 10y
law.
Sec % The Legislature shall provide for the
election Of district aud coua ty attorneys, and
such other officers as may be deemed necessary
to the due administration of Justice, define their
attorneys and county attorneys who shall Ue in
ONCE at the time this amendment shall take
effect shall hold their Offices until the expira-
tions4stheir several terms under the present
CONSTIPATION and laws.
Sec ~ The judicial districts IN this state and
the tlnfa14 holding courts therein shall remain
es at prAseRt until otherwise provided by law.
Sec. 31-SFne Criminal District Court Of cal
weston snssasrris counties shall continue with
the JurlsG tet{9Q, organization, and Dis riC. now
existing unttfosherwlse provided by law, and
the Legis atnsemay establish such other courts,
embracing 9Hss9r more counties. with such
criminal jurf safptiOn as may be provided.by
law The qualt5Enions, salaries, and te.Cfc
dEpfhce of thejudgeR of said courts shall be the
sasse as for Judges efthe District court.
$50. Graaa Rnd Betit juries in the District
CO 9r6 Ahall be E0InpoSed of twelve men; hut
nj &c fnenaHeEssof grana jury shall be g quo
RI q 70 transacs business and present bills; and
the sEegtsiature may paes laws authorizing less
Tn IN the whole number OF apetit jury to render
a FeTdict in civil and mls6Anae2nOr cases So
s1Sec s.. All vacancies ia theSNlEce of iustiee
81 the Supreme court or Court ot1sRQe q $500
judges Of the District courts, sfffsS Be s59ed by
the Governor by apPoic tmeHt tor the UneN-
Sired term.
SEC. 81. The Legislature shall from time
70 time, by general or local law, establish
county courts and such other Inferior courts
and provide for their officers, with such 1uris-
deemed eXpedieDt: Provided, The judges and
presiding officers of such courts shall
Je elected, and until such cour are
provided the district and other infe-
riOr courts now in existence, together
With their officers, shall continue, and shall
exercise the powers and jurisdiction now con
TERED on them; and appeals shalllie ss at prs
ent, except that civil cases heretofore appeal
able to the Court of Appeals shall, until other
wise provided by law, be appealable to the SUI
creme court, under he rules and regulations
now prescribed for appeals to that court. Pro
fideG, The Court of Appeals shall determine all
;ivii cases pending before it at the time this
imendment shall be declared part of the
Sec. 80. No justice or judge shall sit in any
Ease wherein ne may be interested in the ques-
ion to be decided, or wuere either of tue par
les may be connected with him by affinity or
,Onsanguinity within such degree as NAV be
prescribed by law, or where he shall have been
counsel in tue case. When justice Of the 81
)reme court or of the Court Of appeals, shall
,e disqualified to hear ana determine any case
r cases in said court, the same shall be Certi-
led by such court to the Governor Of % c state
Who shall Immediately commission the requi-
lite number Of persons, learned Ia law, for the
7 al and determination of such case or cases.
no 10 I'M gan f 4 fa+ e ola
'arties may, by consent, appoint proper per
on TO try the case, or, upon their failure 70 do
o, competent person may be aPPOinttd Dy
ne Governor to try the case, in the county
Vhere II Is pending IN such manner as may b3
by law. The district judges may
Xchange districts, or hold courts for each
ther, when they may deem 10 eXpedtent, and
hall do so when directed by law.
Sec. &c. District clerk, -herifs, prosecuting
ttorne7s, and other officers, provision for
whose removal from office IS not otherwise
pecially provided for. may be removed from
N &C by the judges of the district courts, for
ompetency, official misconduct, habi-uaI
or drunkenness which does not
mount to habitual drunkenness, or other
auses defined by law, upon the cause therefor
eing ser forth In writing, and the finding Of its
nth By jaTy. Vacancies in al offices shall
G filed as may be prescribed IN this Constitu-
lon. or, in the absence of constitutional pro
isiOns, tn n in such manner as may be pre-
cribed by law; and, until otherwise provided
scancies in Office shall be filed IN the manner
ow prescribed.
sec. 81. Inc Legislature snail not create
nv cours inferior to the District court with
Irisdction of suits IN behalf OF the state 70 re
over penalties, forfeitures, and escheats; Of
1its to recover damages for SANDER or defa-
.ation Of character; Of suits for divorce; or Of
1its for trial Of title to lard, or for the en-
'Ecement of liens thereon, except liens &C
1ired by levy of process Issued out OF such
Jurt, or of civil cases wher in the amount IN
ontrOversy exceeds one thousand dollars.
lSec ?. See. 3S And be it further resolved
hat the governor be requested to submit TO
Re vote OF the state the foregoing proposed
mendHent TO the constitution at 40 election
be ordered on the fist Thursday in August.
e., LInr n IL icIr